US v. Kelly

No. 04-30074 (9-6-05). In a career offender case, the 9th holds that a 1998 Washington state conviction for attempting to elude a police vehicle was not a crime of violence. The statute was overbroad in that one element was driving with a “wanton and willful disregard” for the lives or property of others. This element did not require that anyone be endangered. The state courts and the 9th both agree. Under a modified categorical approach, there was no indication that there was endangerment. Police reports and the PSR could not be considered.